Advocates:
['MAHIMANANDA SWAIN', '', 'S K RAY', 'S MOHANTY', 'K N MUDULI']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10923 of 2022

Sk. Furkan Alli & Others

&.

Petitioners

Mr. Mahimananda Swain, Advocate

-versus-

State of Odisha

&.

Opposite Party

Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

Order No.

ORDER

12.09.2022

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual

/Physical Mode).

2.

Heard learned counsel for the Petitioners as well as learned

Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the

Petitioners for anticipatory bail, involving offences punishable under

Sections 498-A/294/420/438/506/34, I.P.C.

4.

Considering the seriousness and gravity of the offence as

alleged and the facts of the case, although this Court is not inclined

to grant anticipatory bail to the Petitioners, however it is observed

that, in the event the Petitioners surrender before the learned

J.M.F.C., Chandikhole in I.C.C. No.62 of 2022 within a period of

three weeks from today, they shall be released on bail on such terms

and conditions as the learned Magistrate may deem just and proper in

the facts and circumstances of the case.

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While imposing conditions for bail, learned Magistrate shall also

impose the following additional conditions 3

(i)

The Petitioners shall not threaten, terrorise, ill-treat or harass

the Informant and her family members in any manner

whatsoever;

(ii)

Petitioner being the husband, shall take care and look after the

wellbeing of the Informant so long as the matrimonial

relationship subsists between them as per law. Also, he shall

provide day-to-day expenses of the Informant in all respect for

her survival.

Violation of any of the conditions shall entail cancellation of bail of

the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules.

(A.K. Mohapatra)

Judge

S.K.Parida